In Canada, many couples live together in long-term relationships without ever legally marrying. But at a certain point, the law may consider you to be in a “common law” relationship. So when exactly does that happen, and what does it mean?
This guide breaks down what common law means in Canada, how it differs from marriage, what your rights and responsibilities are, and how common law status is defined in each province.
When Do You Become Common Law in Canada?
The short answer is: it depends. There are two key factors that typically determine common law status in Canada:
- How long you’ve lived together in a conjugal (or romantic) relationship
- Whether you share a child by birth or adoption
At the federal level, such as for taxes and immigration, you are considered common law after living together continuously for 12 months or having a child together. But provincial rules for common law relationships — especially when it comes to property division and spousal support — can be very different.
What Does Common Law Mean in Canada?
Common law in Canada refers to couples who live together in a relationship that resembles marriage, but without having legally tied the knot. A common law partner is someone you’ve been living with in a committed, romantic relationship — often sharing finances, household responsibilities, and long-term plans.
The legal implications of common law relationships vary depending on the issue (like taxes, housing, benefits, or separation) and where you live in Canada.
How Long Do You Have to Live Together to Be Common Law?
In most provinces, you’re considered common law after living together continuously for one to three years, depending on the province. In some cases, having a child together reduces the time requirement.
Here are the general timelines for common law status:
- Federal (for taxes, immigration): 12 months of cohabitation or a shared child
- Provinces: 1 to 3 years of living together, or less if you share a child
When Do You Become a Common Law Wife or Husband?
You don’t need to call each other “wife” or “husband” to be common law. These titles don’t change your legal status — what matters is how long you’ve been living together and the nature of your relationship. If you meet the criteria in your province, the law may recognize you as common law, even if you haven’t signed anything or changed how you refer to each other.
Are You Automatically Common Law After Living Together?
Not necessarily. While living together for a certain length of time is a key factor, it’s not the only one. Some provinces look at other indicators of a marriage-like relationship, such as:
- Whether you share expenses or own property together
- Whether friends, family, or the public see you as a couple
- Whether you refer to each other as spouses or partners
In many cases, you aren’t “automatically” common law — but after meeting the time requirement and other conditions, the law may treat you that way for certain purposes.
How Do You Prove Common Law in Canada?
To prove a common law relationship, you may need to show documentation like:
- A joint lease, mortgage, or utility bills
- Shared bank accounts or insurance policies
- Proof of cohabitation for the required time (e.g. tax returns, driver’s licenses at the same address)
- A declaration of common law status (used for taxes, benefits, or immigration)
What Rights Do Common Law Partners Have in Canada?
Common law partners in Canada may have similar rights to married couples when it comes to spousal support, but property rights are more limited in many provinces.
You may have the right to:
- Claim spousal support if you separate
- Continue living in your shared home, depending on the situation
- Make claims based on contributions to property (but this is more complex than the automatic property division for married couples)
The level of protection varies significantly across provinces. Unlike married couples, common law partners often don’t have automatic rights to shared property unless they can prove direct contributions or unjust enrichment. It’s important to know the law in your province if you’re in a common-law relationship.
Common Law vs Marriage in Canada
Here’s how common law and marriage compare in Canada:
| Category | Common Law | Marriage |
|---|---|---|
| Legal ceremony | Not required | Required |
| Property division | Varies by province: from 50-50 division to no automatic property division rights | Governed by provincial family law acts, usually 50-50 split |
| Spousal support | Often similar to married couples | Available to all spouses if they prove entitlement |
While marriage creates clear legal rights and responsibilities, common law status can be more complicated and less predictable — especially when it comes to finances.
What Happens If You Break Up as Common Law?
Ending a common law relationship does not require a divorce. You typically just need to separate. However, issues like spousal support or shared assets can still arise. You may want to consider a cohabitation agreement while you’re still together to clarify how things will be handled if you part ways.
If you can’t agree on how to divide property or whether spousal support is owed, the courts may get involved. In that case, documentation and legal advice are often necessary.
Common Law by Province: What Changes?
Each province has its own laws governing common law relationships. Here’s a breakdown of when common law status begins in each province:
Common Law Ontario
- 3 years of continuous cohabitation, or 1 year with a child together.
- Governed by Ontario’s Family Law Act.
Common Law British Columbia
- 2 years of living in a marriage-like relationship, or less if you have a child.
Common Law Alberta
- Known as Adult Interdependent Relationships.
- 3 years of living together, or less with a child or a signed Adult Interdependent Partner Agreement.
Common Law Quebec
- Known as a de facto union.
- Recognized for tax purposes after 2 years of cohabitation.
- Common law partners are not entitled to spousal support or property division under Quebec law unless they have a written agreement.
Common Law Manitoba
- Common law after 3 years of living together, or 1 year with a child, or if you register the relationship.
Common Law Saskatchewan
- Common law status begins after 2 years of continuous cohabitation.
Common Law Nova Scotia
- No set timeline across all areas of law, but often based on living in a marriage-like relationship and publicly identifying as partners.
Common Law New Brunswick
- Recognized after 3 years of cohabitation or less with a child and a relationship of permanence.
Common Law Newfoundland and Labrador
- Typically recognized after 2 years of living together in a marriage-like relationship.
Conclusion: Know When You’re Common Law and What It Means
Living together doesn’t automatically mean you’re in a common law relationship, but after a certain amount of time — or if you share a child — the law may start treating you that way.
Understanding what common law means in your province is essential, especially if you’re sharing a home, building a life together, or separating. While common law couples may not have all the same rights as married spouses, there are ways to protect yourselves and plan ahead.
If you’re unsure of your legal status or want to make things clearer between you and your partner, speaking to a family lawyer can help you navigate the details.
FAQs
Is common law the same as being married?
Not quite. While common-law couples may share many of the same day-to-day experiences as married couples, the law doesn’t always treat them the same. In Canada, common-law partners don’t have the same automatic rights and responsibilities as married spouses, especially when it comes to property division and inheritance. The specific legal differences vary by province, so it’s important to understand what applies where you live.
Do you have to live together full-time to be common-law?
You don’t need to be together 24/7, but you generally need to live together in a committed, conjugal relationship for a certain period of time. That could be one year in some provinces, or three years in others, or less if you share a child. Occasional time apart (for work, travel, etc.) usually doesn’t break the common-law clock, as long as you maintain your relationship and home together.
Do you need to register your common-law relationship?
In most provinces, no, you don’t need to register your relationship for it to be recognized as common law. However, some provinces (like Manitoba) do allow you to register if you want to make certain legal rights and responsibilities more formal. Whether you register or not, government agencies, insurance companies, or the courts may still consider you common law based on how long and how seriously you’ve lived together.
Can you be common law after 6 months?
In most provinces, six months isn’t long enough for your relationship to be legally considered common law unless you have a child together. The general threshold is one to three years of living together in a conjugal relationship, depending on where you live and the legal context (like taxes, spousal support, or family law). That said, different institutions (like CRA or immigration) may apply different timelines.
What if one partner doesn’t agree that you’re common law?
It’s not just about whether both partners agree, it’s about whether the facts support it. If you’ve been living together in a committed, conjugal relationship for long enough under your province’s rules, you might be considered common law even if one person disagrees. That can create conflict, especially during a breakup. That’s why it’s a good idea to talk about your expectations early and to make a cohabitation agreement if you want clarity and protection.
I founded Jointly because I want to empower more Canadians with the knowledge and tools to create relationship agreements that work for them, at a price they can afford. My big dream? That reaching more Canadians with Jointly ultimately keeps more families out of the court system when relationships breakdown, which can be slow, expensive and traumatic. (I may or may not have personal experience with this 😅)
When I'm not lawyering, I'm most likely hiking with my dogs, kayaking the coastal waters around North Vancouver, or hitting the sauna and cold plunge.
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